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IN THE HIGH COURT OF MALAYA AT JOHOR BAHRUIN THE STATE OF JOHOR DARUL TAKZIMHIGH COURT 2(CIVIL DIVISION)CIVIL SUIT NO. JA-44NCVC-424-08-BETWEENISOBEL DELUNA BT HASHIM ..(NRIC: 910110-04-5688)ANDMOKHTAR BIN DAHARI ..(NRIC: 880911-06-1443)STATEMENT OF CLAIMPARTIES The Plaintiff is at all material time...

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IN THE HIGH COURT OF MALAYA AT JOHOR BAHRU IN THE STATE OF JOHOR DARUL TAKZIM HIGH COURT 2 (CIVIL DIVISION) CIVIL SUIT NO. JA-44NCVC-424-08-2019 BETWEEN ISOBEL DELUNA BT HASHIM (NRIC: 910110-04-5688)

...PLAINTIFF

AND MOKHTAR BIN DAHARI (NRIC: 880911-06-1443)

...DEFENDANT

STATEMENT OF CLAIM PARTIES

1.

The Plaintiff is at all material times is a Malaysian citizen named Isobel Deluna Bt Hashim (NRIC: 910110-04-5688) of full age and having registered address at No. 52, Jalan Engku Aziz, Royal Heights, 40750, Selangor Darul Ehsan.

2.

The Defendant is at all material times a Malaysian citizen named Mokhtar Bin Dahari (NRIC: 880911-06-1443) of full age and having registered address at No. 183, Jalan Kristal, Seksyen 6, 50060 Johor Bahru, Johor.

3.

To this date, Plaintiff is a Chief Executive Officer (CEO) at a private limited company namely MELETOP BEAUTY SDN BHD (COMPANY NO: K-837544) incorporated under the Commission of Companies Malaysia with its registered address at Lot 187, Jalan Vanadium U1/7, 41000 Kuala Lumpur, Wilayah Persekutuan. The company engaged in the business of manufacturing a beauty product brand namely “Ashantik Shekali Beauty Pro”.

4.

The Defendant is the product ambassador in Singapore and is also appointed as Chief Operating Officer (COO) of the Meletop Beauty Sdn Bhd and was posted in Johor Bahru branch located at Lot 82, Ardane Industrial Park, 57011 Johor Bahru, Johor.

FACTS 

5.

Plaintiff was Defendant’s girlfriend since they met in 2017.

6.

Plaintiff had bought Defendant an office in Menara Q in Johor Bahru, a Mercedes Benz C250 and also had provided Defendant with a starting capital of RM2,500,000 to facilitate the operation of the new branch in Johor Bahru.

7.

The contract of employment between Plaintiff and Defendant was duly signed by both parties on 22 January 2018.

8.

Since the new branch was operating, Plaintiff’s company was running on losses and Plaintiff had to keep pumping money to Defendant with no return of profit. The monthly profits of Plaintiff’s company had been suffering from 40 percent loss of profit since May 2018 until July 2019 every month.

PARTICULARS OF BREACH

9.

On 23 July 2019, Plaintiff discovered that Defendant had been selling the company’s secret beauty formula to other companies in Johor Bahru and Singapore without prior agreement and consent from Plaintiff. Plaintiff also discovered emails from Johor Bahru branch’s email account that showed there is communication to sell the secret beauty formula to other companies. Upon confrontation from Plaintiff, Defendant refused to admit to have knowledge about it. Plaintiff also had asked for Defendant’s account details but it was refused by the Defendant.

10. Defendant had breached the contractual terms made and signed between Defendant and Plaintiff in the contract of employment by the act of selling the company’s

secret

beauty

formula

without

Plaintiff’s

knowledge

and

authorization.

11. Clause 8.4 of the employment contract between Plaintiff and Defendant clearly stated that “...during the time of employment with the employer, Employee may not engage in or offer assistance for any work, act, communication, relationship and/or transaction that would be in competition with the company’s interests unless authorized to do so.”

12. Clause 8.5 stated that “...during employment with the employer, Employee shall fully disclosed all work, act, communication, relationship and/or transaction that Employee have with other party/parties, to the Employer”.

13. Clause 8.6 stated that “...it is further acknowledged by the parties to this employment agreement that the employee, during the employment under the employer, shall not solicit, disclose or made known to any other parties, without the employer's knowledge and authorization, the company’s trade secrets.”

14. Defendant’s act of selling the company’s beauty secret formula is clearly in breach of the employment agreement under Clause 8.4, 8.5 and 8.6.

15. Clause 9.2 stated that “...any profit dishonestly gained, accumulated, and/or possessed by the employee without the employer's knowledge or authorization must be sold and the proceeds of the sale to be given to the Company”.

16. Defendant had dishonestly acquired assets during Defendant’s employment as Chief Operating Officer (COO) for the Johor Bahru branch, in which Defendant had breached his fiduciary duties under Clause 9.2 of employment contract. Thus, Plaintiff wants Defendant to reimburse the company for all the assets

gained by selling the assets and the proceeds of the sale to be given to the Company. The assets claimed are listed below: a. A house in Villa Dutamas worth RM 8,000,000 b. Bentley Coupe with the registration number of RX9698 worth RM 1,500,000

17. Plaintiff verily believed that the defendant had breached the employment agreement and fiduciary duties between Plaintiff and Defendant by selling the secret beauty formula without Plaintiff’s knowledge and consent which resulted in Plaintiff suffering loss.

PARTICULAR OF GENERAL DAMAGES

18. Based on the above, the Plaintiff seeks general damages to be assessed by the Honorable Court for the general damages as listed below a.

Loss of company’s asset (SF3600) due to illegal transaction by defendant

PARTICULARS OF SPECIAL DAMAGES

19. Based on the above, the Plaintiff seeks from the Honorable Court for the special damages as listed below: a. Loss of Company’s Capital in Johor Bahru

= RM 2,500,000

Branch b. Loss of Company’s monthly profit

40%XRM1,600,000 = RM 640,000X15months (May 2018 to July 2019) = RM 9,600,000

Total sum of loss suffered by the company

= RM 12,100,000

AND the Plaintiff prays to the Honorable Court for the relief as listed below:

d. The Defendant to compensate general damages with an amount to be assessed by this honourable court to the Plaintiff.

e. The property of a house in Villa Dutamas worth RM 8,000,000 which belongs to the Defendant to be sold and the proceeds from the sale to be given to the Company;

f.

The property of a Bentley Coupe worth RM 1,500,000 which belongs to the Defendant to be sold and the proceeds from the sale to be given to the Company;

g. The

Defendant

to

compensate

special

damages

amounting

to

RM12,100,000 to Plaintiff.

h. Interest rate at 5% per annum on the sum awarded by the Court from the date of the cause of action to the date of payment or realization;

i.

Cost; and

j.

Such other further relief the Court may deem fit.

Dated this 28 AUGUST 2019

……………………………… Solicitor for Plaintiff This STATEMENT OF CLAIM is filed by TETUAN  REDZUAN RIZALMAN addressed at Suite 1, AL 530, Bangunan Akademik 2, Faculty of Law, Universiti Teknologi MARA, 40450 Shah Alam, Selangor Darul Ehsan. [Ref: TRR/IDH/1/AH/19]...